Gary Lane v. Kathleen Holbrook Cold, Esquire, et al.

Summary

The Florida First District Court of Appeal affirmed summary judgment for an attorney in a legal malpractice action alleging failure to prepare a corporate buy-sell agreement. The court held that the plaintiff presented no evidence that the attorney had been retained or otherwise obligated to prepare the agreement, and that no genuine issue of material fact existed.

Holdings

1. A legal malpractice plaintiff must establish that the attorney was employed, or otherwise had a professional obligation, with respect to the specific act or omission forming the basis of the malpractice claim; merely proving a general attorney-client relationship is insufficient.
2. An attorney's inquiry about whether clients wish to have a buy-sell agreement prepared does not, without more, create a duty to prepare the agreement.
3. Summary judgment was proper because Lane failed to present evidence creating a genuine issue of material fact concerning Cold's employment or professional obligation to prepare a buy-sell agreement.

Questions Presented

1. Whether a genuine issue of material fact existed as to whether Cold was retained or otherwise professionally obligated to prepare a buy-sell agreement for Bobcat.
2. Whether Cold's inquiry about whether the clients wanted a buy-sell agreement, without more, created a duty to prepare one.
3. Whether summary judgment was proper on Lane's legal malpractice claim.

Disposition

affirmed